Advice for CCJ dispute over ground rent payments

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    #16
    So the court awarded a CCJ against you and you are now taking action in a seperate action against the freeholder to recover the money?

    This surely is an abuse of process. The correct action would have been to apply for a set aside. You are asking the court to make a decision on something that has already been decided. I'm not sure how the court would view this, but I know I would be raising res iudicata.

    Comment


      #17
      I also agree that this is likely to be the result and that you should take legal advice on the merits of taking this matter further

      Comment


        #18
        Originally posted by vmart View Post
        There is much in your favour arising from your last post. When you wrote the correspondence address is on the lease, is this also the address registered at the Land Registry? As there is more than one proprietor, is the correspondence address your address.

        Relevant points: (Prepare a chronology of events for the bundle. This will help the Court)
        • ....
        (If you paid the CCJ within 30 days [I think its 14 or 30 days] it should not be registered on your credit record. Follow this up as a CCJ will seriously impact on your credit history for 6 years.)

        I hope the above is of some help. Please note I have no expertise in this area.
        Thank you for your very helpful and detailed response.

        Yes, they have my residential (correspondence) address on the lease for all four owners. And the invoice for 2018 ground rent was sent - successfully - to my residential address, which I received and promptly paid.

        I am confident that I can supply compelling evidence for each of the points you have stipulated.

        The CCJ was paid within a few days, and we have confirmation that the matter has been satisfied; there are no worries in this regard.

        Thank you again for your help.

        Comment


          #19
          Originally posted by vmart View Post
          Hello again,
          Revised point: overall you are asking the Court to determine none of the charges except ground rent (now paid) are payable. As your argument is the Landlord was not entitled to bring a claim as the s.166 Notices were not issued there should be no interest on ground rent payable. However, you still need to calculate interest and be prepared the Judge may not accept your argument.

          BTW, who paid for the mediation?
          Thank you, and I will be sure to calculate the interest just in case.

          The mediation was offered as a free service; there was no payment for that.

          Comment


            #20
            Originally posted by Jon66 View Post
            So the court awarded a CCJ against you and you are now taking action in a seperate action against the freeholder to recover the money?

            This surely is an abuse of process. The correct action would have been to apply for a set aside. You are asking the court to make a decision on something that has already been decided. I'm not sure how the court would view this, but I know I would be raising res iudicata.
            Hello

            The court awarded a CCJ against me which I had no chance of defending, as the Claim Form was not sent to my residential address. If I had been given an opportunity to make a case then I am confident that there would have been a different outcome at the time considering the circumstances.

            The 'General Form of Judgment or Order' states "Upon reading the court file and upon the court of its own initiative considering whether the claim should be struck out pursuant to CPR 3.4 (2) (b) as an abuse of the court's process in that it appears to be a collateral attack upon an earlier court decision it is ordered that the hearing will be listed for 10 May 2021 at 11am"

            Unless I am wrong, this indicates that the court believes there is still a case to be heard, given my set of circumstances.

            I would be grateful for any input you have on this.

            Thank you for your help.

            Comment


              #21
              Originally posted by sgclacy View Post

              I also agree that this is likely to be the result and that you should take legal advice on the merits of taking this matter further
              Hello

              Unfortunately I do not have the financial means to engage professional legal advice. The court has confirmed that the case will go ahead, so I am hopeful that they will realise that the managing agents acted unfairly.

              Thank you for your help.

              Comment


                #22
                Originally posted by Charlotte163 View Post

                Hello

                The court awarded a CCJ against me which I had no chance of defending, as the Claim Form was not sent to my residential address. If I had been given an opportunity to make a case then I am confident that there would have been a different outcome at the time considering the circumstances.

                The 'General Form of Judgment or Order' states "Upon reading the court file and upon the court of its own initiative considering whether the claim should be struck out pursuant to CPR 3.4 (2) (b) as an abuse of the court's process in that it appears to be a collateral attack upon an earlier court decision it is ordered that the hearing will be listed for 10 May 2021 at 11am"

                Unless I am wrong, this indicates that the court believes there is still a case to be heard, given my set of circumstances.

                I would be grateful for any input you have on this.

                Thank you for your help.
                Yes you are wrong. The court has indicated they will hear your argument on what grounds you believe the matter has not already been decided. You need to go prepared to plead why the court has not already decided the matter. Which you can't.

                I suspect they will chuck it out and if that happens you need to jump in very quickly and ask the court to consider that, as both parties are present, whether the court would be inclined to treat the hearing as a set aside application on the grounds that in your opinion an injustice has been done. If you plead for that you might be in with a chance. At that point outline how you meet each element of the rules for a set aside. So paragraph your pleading and say e.g. there is a reasonable prospect of success because point 1, point 2 etc. Why there has been a delay applying, for example, you were ill or didn't understand what was happening, only realised too late, covid made it difficult for some reason etc but you must be truthful. That an injustice has been done etc. Call the judge Sir or Ma'am, never speak over them but don't be cowed!

                In my opinion that has an outside chance of success.

                No offence but this is why you should have paid £75 for 20 minutes with a solicitor.

                Comment


                  #23
                  Was the CCJ sent to you by the court or by the freeholder? What address was held by the court? The point is that the court would have sent other correspondence to you notifying you of a summons. If you are saying that other correspondence has also gone astray, it weakens your argument that you have not received demands and notices from the freeholder.
                  You should have been given advance warning before legal action was taken. It seems to be crucial to your case that you are able to receive correspondence not only to your residential address but also the property address.
                  How long has been allocated by the court for the hearing? If it is 10 minutes, it will be simply to decide whether or not the claim may proceed. A full hearing is usually allocated half a day, in which case it is normally set for 10am or 2pm.

                  Comment


                    #24
                    The CCJ was sent to me by the Court.

                    The Court was initially provided with the leasehold address by the managing agent. This is where the Claim Form was sent to.

                    However, the Court was then supplied with my residential (correspondence) address by the managing agent, and this is where the Judgment for Claimant was sent.

                    There was no other correspondence received from the Court - at either address.

                    I would have hoped that during a time when we were told to “stay home” by the government, it would be understandable that I was not making any trips outside except to purchase groceries.

                    It’s a typo above - it’s actually been set for 10am and it is expected to last 30 mins.

                    Thank you for your help with this matter.

                    Comment


                      #25
                      I did spend some time looking into this and as a laymen I found the subject matter about res judicata,collateral attack upon an earlier court decision and the CPR rules daunting. For this hearing you will need to be able to articulate your argument with knowledge of these terms. It really would be in your interest to be legally represented


                      Comment


                        #26
                        Charlotte163 please let us know how you get on.

                        Comment


                          #27
                          The suggestions from others are sound and whilst we try to assist, we are not an alternative to seeking legal advice.
                          It does appear that you are asking for the judgment to be set aside.
                          Your arguments should be
                          1 The judgment is unjust for reasons set out above
                          2 You should ask the court to take account that you are a layperson and explain that you are simply trying to correct the injustice of the judgment
                          3 you should plead the exceptional circumstances of the lockdown and restrictions
                          4 you should explain that you did not receive the summons in time to respond
                          5 your payment was made under protest
                          6 if the court will not allow your claim to proceed, you should ask permission to file a late defence to the summons based on the exceptional circumstances
                          Good luck and yes please let us know how you get on.

                          Comment


                            #28
                            Charlotte163 how did it go?

                            Comment


                              #29
                              Originally posted by vmart View Post

                              Further, ground rent was payable annually, per the terms of the lease, so could have been paid irrespective of receipt of the section 166 Notice.




                              Not quite true.....GR is NOT payable untill receipt of S166 demand, its incorrect to say its payable "irrespective", it isnt, yes it "could" of been paid but legally its not due.
                              Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                              I do not accept any liability to you in relation to the advice given.

                              It is always recommended you seek further advice from a solicitor or legal expert.

                              Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                              Comment


                                #30
                                what was the outcome of the hearing the other day ?

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